Eric Alan Stone and Catherine Nyarady Initial-Interest Confusion Doctrine at the Supreme Court
In their Intellectual Property Litigation column, Eric Alan Stone and Catherine Nyarady report on the case 'Select Comfort Corp. v. Baxter;', where the Eighth Circuit joined the majority of circuits in permitting recovery for "initial-interest confusion" in trademark cases under certain circumstances. The Supreme Court is currently considering whether to review the decision and potentially resolve a circuit split on this issue.
September 07, 2021 at 12:00 PM
8 minute read
The Lanham Act protects trademark holders against consumer confusion by providing a cause of action against the use of similar marks on similar products if that use creates a likelihood of confusion. The likelihood of confusion analysis is often focused on confusion at the time of purchase, but the U.S. Court of Appeals for the Second, Third, Fifth, Sixth, Seventh, Ninth, Tenth, and Federal Circuits permit mark holders to allege infringement based on presale, initial-interest confusion (whereas the First, Fourth, and Eleventh Circuits do not).
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